Legal Opinion
Caponigri v. Altieri
New York Court of Common Pleas
Decided February 4, 1895Published
Appeal from city court, general term. Action by Pasquale Caponigri against Pasquale Altieri and others. From a judgment of the city court affirming an interlocutory order and judgment overruling plaintiff’s demurrer to certain defenses and counterclaims alleged in the answer, plaintiff appeals.
1Opinion of the CourtBischoff, J.
The record does not disclose the jurisdiction of this court to determine the questions presented upon this attempted appeal. The judgment of affirmance of the court below does not award a final recovery. It is interlocutory, also, and from it, therefore, no appeal lies to this court. Fuller v. Tuska (Com. Pl. N. Y.) 17 N. Y. Supp. 356. The appeal should be dismissed, with costs. All concur.
2Cases cited1 opinion
- Fuller v. TuskaNew York Court of Common Pleas · 1892